Am i reposible if a Direct Debit is not taken

eskbanker

PRAISETHESUN said:

I agree that ultimately she is responsible for ensuring the payment is made on time, but if there is a DD set up then it moves some of the onus onto the processing bank to make sure it gets paid. If the DVLA refuse to waive the fine then I'd make a complaint to your bank under the DD guarantee. They should reimburse her for any loses if she can demonstrate that she was fined due to the late payment.

What specific provision within the DD guarantee do you feel applies here, bearing in mind that at this stage it's not clear whether DVLA failed to request the money or the bank failed to fulfil such a request?

born_again

PRAISETHESUN said:

I agree that ultimately she is responsible for ensuring the payment is made on time, but if there is a DD set up then it moves some of the onus onto the processing bank to make sure it gets paid. If the DVLA refuse to waive the fine then I'd make a complaint to your bank under the DD guarantee. They should reimburse her for any loses if she can demonstrate that she was fined due to the late payment.

DD are taken, not paid. So any onus is on DVLA. Not the Bank the funds come from.
Also there is nothing the the DD guarantee that would cover what you are suggesting.


>>>Direct Debit Guarantee

• The Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits
• If there are any changes to the amount, date or frequency of your Direct Debit the organisation will notify you (normally 10 working days) in advance of your account being debited or as otherwise agreed. If you request the organisation to collect a payment, confirmation of the amount and date will be given to you at the time of the request
• If an error is made in the payment of your Direct Debit, by the organisation or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society
• If you receive a refund you are not entitled to, you must pay it back when the organisation asks you to
• You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify the organisation.<<<